| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 188 |
| Determination date | 05 June 2012 |
| Member | K J Anderson |
| Representation | S Langton ; S Green (in person), G Stone |
| Location | Auckland |
| Parties | Transpacific Industries Group (NZ) Ltd v Green & Anor |
| Other Parties | Smart Environmental Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found proceedings involving similar issues already before EC – Matter removed to EC |
| Abstract | Applicant sought removal of matter to Employment Court (“EC”) on ground that EC already had before it proceedings which were between the same parties and which involved the same or similar or related issues. Matter related to enforceability of restraint of trade provision in first respondent’s employment agreement (“EA”). EC already hearing matter dealing with enforceability of same restraint of trade provision in EA between applicant and another individual.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Given nature of proceedings before EC in relation to restraint of trade provision appropriate that current proceedings be removed on ground that EC had before it proceedings which were between the same parties and which involved the same or similar or related issues. Matter removed to EC. |
| Result | Application granted; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(c) |
| Cases Cited | Green v Transpacific Industries Group (NZ) Ltd (2011) 8 NZELR 238;Transpacific Industries Group Ltd v Green unreported, K Anderson, 24 December 2010, AA529/10;Transpacific Industries Group (NZ) Ltd v Harris [2011] NZERA Auckland 267;Transpacific Industries Group (NZ) Ltd v Harris [2012] NZEmpC 17 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_188.pdf [pdf 102 KB] |